Supes to decide on Reggae on the River permit; gas station neighbor says festival will disrupt business

The Board of Supervisors will review Monday the permit for this year's Reggae on the River festival, following an appeal from a neighboring business owner.

Zachary Bowman, owner of the Cook's Valley Patriot gas station, appealed the Humboldt County Planning Commission's January approval of the festival at French's Camp, saying that traffic control efforts will negatively impact his business.

Festival promoters say that the traffic safety mitigations were imposed by the California Highway Patrol, and are out of their hands.

"The plan calls for delineators placed down the center of the highway, which would prohibit the ability of northbound traffic to enter Cook's Valley Patriot," Bowman wrote in his appeal. "The plan also calls for chain fencing across the entire frontage of my business, making it difficult for southbound traffic to enter my site as well. This plan should not have been approved."

Bowman could not be reached for comment.

A traffic plan for the event, which takes place Thursday through Sunday during the first weekend of August, was developed by Caltrans and the California Highway Patrol.

"The proposed traffic control measures are intended to maintain traffic flow on Highway 101 during the event to prevent collisions and to protect pedestrians by preventing them from crossing the highway between the project site and the Patriot gas station," the staff report reads.

In letters to the planning commission, Bowman said a crosswalk used to be in place to allow festival attendees to cross the highway and shop at the gas station.

"The CHP and Caltrans are adamant that there will be no northbound left turns into the Patriot," festival promoters wrote in response to the appeal. "They won't even allow it if we pay for a traffic cop to stand there and direct traffic. It is for the same reason that they won't allow a pedestrian crosswalk ... it's too dangerous."

In response to Bowman's concerns, they arranged for a shuttle to bring people back and forth across the highway from the festival to the gas station.

In a letter to the planning commission, Bowman wrote that 40 percent of the gas station's income is earned in July and August -- 63 percent of that on Thursdays through Sundays of those months.

"The proposed traffic plan will inhibit my business drastically," Bowman wrote. "By eliminating access to my store from Northbound travelers and not allowing attendees access to my store ... I am forced to oppose this event as stated in the (environmental impact report)."

Justin Crellin, general manager of Mateel Community Center, which operates the Reggae on the River festival, said this is the first year since 2007 that the festival will be held at the French's Camp property, and organizers were working with landowners to mitigate impacts of the event.

He said this year's festival will be smaller than previous festivals, and staggered arrivals will lessen the traffic impact.

Crellin said the festival couldn't remove the traffic control issues concerning Bowman without compromising safety.

"Those are things that are sort of out of our control," Crellin said.

Appeal aside, Crellin said the permitting process was positive.

"It's been really good," he said. "We've had a lot of support from all the different agencies that we work with."

"It will become more standardized," he continued. "But every year, it's required to go back before the planning commission."

County staff is recommending that supervisors uphold the planning commission's decision.

"No evidence has been submitted by the appellant demonstrating the Planning Commission's action was 'not in accord with the standards and regulations of the zoning ordinances,'" the staff report reads.

Supervisors have the final say, according to Senior Planner Martha Spencer.

"If the board upholds the appeal, the applicant could choose to re-apply and modify the permit," Spencer wrote in an email. "If the board denies the appeal (meaning the commission's approval stands), the applicant can move forward with the project subject to the conditions of the permit."

Second District Supervisor Estelle Fennell said she would study the issue through the weekend, and the board would base its decision on the evidence and testimony at Monday's hearing.

"The reggae festival has traditionally been a community event and a great boon to local nonprofits and many business owners," Fennell wrote in an email. "At the same time, I respect the rights and understand the needs of the neighboring businesses and the need for safety on the highway."

"I hope that whatever differences have led to this challenge can be ironed out to everyone's satisfaction and that those involved will step up to the plate, recognizing the value of working together -- it is so much more productive than the alternative," she wrote.

Crellin said he hoped the supervisors would uphold the planning commission's approval based on the festival's efforts and the economic infusion that the festival has historically brought to Southern Humboldt.